Air Wisconsin Airlines Corp. v. Hoeper
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-315 | Colo. | Dec 9, 2013 | Jan 27, 2014 | 9-0 | Sotomayor | OT 2013 |
Holding: Under the Aviation and Transportation Security Act, airlines and their employees are immune from civil liability for reporting suspicious behavior, but " pursuant to 49 U.S.C. § 44941(b) " that immunity is not available for disclosures "made with actual knowledge that the disclosure was false, inaccurate, or misleading" or "with reckless disregard as to the truth or falsity of that disclosure." Immunity under the ATSA may not be denied under Section 44941(b) without a determination that a disclosure was materially false. applies to materially true statements.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Sotomayor on January 27, 2014. Justice Scalia filed an opinion concurring in part and dissenting in part, in which Justice Thomas and Justice Kagan joined.
SCOTUSblog Coverage
- Opinion analysis: Court bolsters statutory protection for air safety tipsters (Cristina Tilley, January 28, 2014)
- Argument recap: Weighing how carefully airlines must choose their words when reporting safety threats (Cristina Tilley, December 11, 2013)
- Argument preview: Revisiting the balance between speech and reputation in the context of airline security (Cristina Tilley, December 3, 2013)
- Solicitor General files invitation briefs for June 13 Conference (Amy Howe, May 24, 2013)
- Petition of the day (Ben Cheng, December 13, 2012)
| Date | Proceedings and Orders |
|---|---|
| 07/03/2012 | Application (12A18) to extend the time to file a petition for a writ of certiorari from July 22, 2012 to August 22, 2012, submitted to Justice Sotomayor. |
| 07/06/2012 | Application (12A18) granted by Justice Sotomayor extending the time to file until August 22, 2012. |
| 08/07/2012 | Application (12A18) to extend further the time from August 22, 2012 to September 12, 2012, submitted to Justice Sotomayor. |
| 08/09/2012 | Application (12A18) granted by Justice Sotomayor extending the time to file until September 12, 2012. |
| 09/11/2012 | Petition for a writ of certiorari filed. (Response due October 15, 2012) |
| 10/01/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner, and counsel for the respondents . |
| 10/10/2012 | Order extending time to file response to petition to and including November 14, 2012. |
| 10/12/2012 | Brief amicus curiae of John L. Mica filed. |
| 10/15/2012 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. |
| 10/15/2012 | Brief amicus curiae of Reporters Committee for Freedom of the Press filed. |
| 10/15/2012 | Brief amicus curiae of International Air Transport Association filed. |
| 11/14/2012 | Brief of respondent William L. Hoeper in opposition filed. |
| 11/27/2012 | Reply of petitioner Air Wisconsin Airlines Corporation filed. |
| 11/28/2012 | DISTRIBUTED for Conference of January 4, 2013. |
| 01/07/2013 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/17/2013 | Brief amicus curiae of United States filed. |
| 05/28/2013 | DISTRIBUTED for Conference of June 13, 2013. |
| 05/28/2013 | Supplemental brief of respondent William L. Hoeper filed. (Distributed) |
| 06/17/2013 | Petition GRANTED limited to the following Question: Whether ATSA immunity may be denied without a determination that the air carrier's disclosure was materially false. |
| 07/10/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2013. |
| 07/10/2013 | The time to file respondent's brief on the merits is extended to and including October 25, 2013. |
| 07/31/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 08/07/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 08/29/2013 | Joint appendix filed (3 volumes.) (Statement of costs filed.) |
| 08/29/2013 | Brief of petitioner Air Wisconsin Airlines Corporation filed. |
| 09/04/2013 | Brief amicus curiae of U.S. Representative John L. Mica filed. |
| 09/05/2013 | Brief amicus curiae of United States filed. |
| 09/05/2013 | Brief amici curiae of Airlines for America, et al. filed. |
| 09/05/2013 | Brief amicus curiae of International Air Transport Association filed. |
| 09/05/2013 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. |
| 09/05/2013 | Brief amicus curiae of First Amendment Coalition filed. |
| 09/05/2013 | Brief amici curiae of The Reporters Committee for Freedom of the Press, et al. filed. (Distributed) |
| 09/17/2013 | SET FOR ARGUMENT ON Monday December 9, 2013. |
| 09/17/2013 | CIRCULATED |
| 10/23/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 10/25/2013 | Brief of respondent William L. Hoeper filed. (Distributed) |
| 11/18/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 11/25/2013 | Reply of petitioner Air Wisconsin Airlines Corporation filed. (Distributed) |
| 12/09/2013 | Argued. For petitioner: Jonathan F. Cohn, Washington, D. C.; and Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae). For respondent: Kevin K. Russell, Washington, D. C. |
| 12/12/2013 | Record received from Supreme Court of Colorado. (3 Boxes) |
| 01/27/2014 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Alito, JJ., joined, and in which Scalia, Thomas, and Kagan, JJ., joined as to Parts I, II, and III-A. Scalia, J., filed an opinion concurring in part and dissenting in part, in which Thomas and Kagan, JJ., joined. |
| 02/21/2014 | Petition for Rehearing filed. |
| 02/26/2014 | DISTRIBUTED for Conference of March 21, 2014. |
| 03/24/2014 | Rehearing DENIED. |
| 03/24/2014 | JUDGMENT ISSUED. |
| 03/27/2014 | Record returned to Supreme Court of Colorado. (3 Boxes) |
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the counsel to the respondent in this case.
Issue: Whether immunity under the Aviation and Transportation Security Act may be denied without a determination that the air carrier’s disclosure was materially false.